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Terms Of Use

The Terms and conditions of our "Software Product" is a legal agreement between the client (an individual or a legal entity) and xeoncoder.com

xeoncoder.com Software Packages admit set of scripts, associated media, printed materials and "online" or electronic documentation, such as administration and installation manual and layout customization guidelines.

All our products will be licensed on "Annual" basis. However the "enterprise" version will carry along with the "life-time license" option.

You agree to be bound by the terms and conditions of xeoncoder.com by purchasing, installing, copying, downloading, accessing or otherwise using ANY of the xeoncoder.com Software packages.

xeoncoder.com packages are called "Software Product" here. xeoncoder.com holds copyright to the "Software Product". The "Software Product" is licensed, not sold.

1. OUR TERMS AND CONDITION CONCEDES YOU THE FOLLOWING RIGHTS

a) Software Installation and Use

xeoncoder.com hereby concedes you a single, non-exclusive, non-transferable permission to use one copy of the "Software Product" in accordance with the terms and conditions. Any rights not expressly granted are reserved. This license authorizes you to install and use a single copy of the "Software Product" on a single domain name or IP address. If you install additional copies, even if such additional copies are located on the same domain and/or the same IP, such usage is prohibited unless additional licenses are purchased.

b) Source Code Usage

This license prohibits selling, licensing, giving away, or otherwise distributing the source code for any of the scripts contained in "Software Product", either in full or any subpart thereof or any how modified. Nor may you use this source code, in full or any subpart thereof, as part of another program that you either sell, license, give away, or otherwise distribute via any method. You may modify the source code to customize the "look and feel" and functionality of the "Software Product" for your personal usage on the licensed installation only. Unless developer licence holder other licence holder would be having the encoded source version with some previlages granted on special permission by the admin or authorised person.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

a) Termination

This terms and condition shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this LA. This LA will terminate automatically if you breach any provision of it. In such event, you must destroy all copies of the "Software Product", and all of its component parts and cease all further use of it. You agree that xeoncoder.com has the right to use any and all means necessary to enforce its rights if you are in material breach of this agreement, including but not limited to the right to repossess the software electronically by disabling it remotely over the Internet, and that termination will not entitle you to a refund of the purchase price or any other amounts paid under any circumstances whatsoever. Termination will have no effect on your obligation to safeguard and protect proprietary rights of xeoncoder.com, disclaimers and warranties, the Copyright Infringement section, or the Refund Policy.

b) Copyright Notice

Under all circumstances, you are prohibited from removing any of the copyright notices from the software, whether contained in the program code or within the HTML pages that the program generates. You are specifically prohibited from altering or removing any of the copyright notices contained within the HTML pages generated by the program. Removal or alteration of said copyright notices by User shall constitute a material breach of this LA. You agree that if you remove copyright notice in violation of this section, xeoncoder.com shall have the option of assessing a monetary penalty against you for such violation in lieu of terminating your license to use the "Software Product". Exercise of this option by "Software Product" shall in no way authorize you to continue such violation or limit the right of "Software Product" to terminate your license for subsequent violations. You are not allowed to remove visible copyright references such as links to xeoncoder.com.

c) Nondisclosure Agreement

You specifically agree not to disclose or divulge any information whatsoever about the "Software Product" or the related business practices of xeoncoder.com, which constitute proprietary and confidential nature of the "Software Product" and the valuable trade secrets of "Software Product" contained therein by any means such as posting or printing any reviews, ratings, comments, articles on or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters, newspapers, magazines, or any other media of any kind, whether printed, electronic, or other formats either now known or hereafter developed, or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of xeoncoder.com, if such reviews or comments are intended to slander xeoncoder.com or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement. You further stipulate that in the event that you (or any other individual, company, organization, or other entity that you cause or direct to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the "Software Product" or the related business practices of xeoncoder.com constitute proprietary and confidential nature of the "Software Product" and the valuable trade secrets of "Software Product" contained therein with intend to slander xeoncoder.com or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this terms and conditions.

d) Enforcement Costs

In the event that your offend of any provision of this terms and conditions is proved by a court of competent jurisdiction, you agree that you shall reimburse xeoncoder.com for all expenses related to the enforcement by xeoncoder.com of its legal rights under this agreement, including but not limited to its attorneys' fees, court costs, administrative fees, and all other relevant costs, fees, and expenses incurred by xeoncoder.com that are associated with enforcing its legal rights under this Agreement.

e) Third Parties

Any third party or subsequent entity that purchases, installs, copies, downloads, accesses or otherwise uses the "Software Product", as well as any third party or subsequent entity that views, copies, creates derivative works from, appropriates, or otherwise alters all or any part of the source code, whether on not such actions were performed legally and in accordance with the terms and conditions, shall be bound by the terms and conditions of xeoncoder.com

f) Copyright Infringement

For the purposes of this terms and conditions, copyright infringement includes the acts of selling, licensing, giving away, or otherwise distributing all or any part of the source code contained in this "Software Product", or using all or any part of the source code to create derivative works. Copyright infringement for purposes of this terms and conditions shall also include using all or any part of the source code of the "Software Product" as part of another program that you or any subsequent party either sells, gives away, or otherwise distributes via any method. Copyright infringement under this terms and conditions shall also include the act of appropriating any of the concepts, techniques, programming methods, or algorithms contained in the source code for the "Software Product".

g) Amendments

You agree that, in order to maintain your ongoing terms and conditions to use the "Software Product", xeoncoder.com shall have the right to post reasonable amendments to these terms and conditions online from time to time at its web sites, and that you shall be bound by such amendments. Such amendments must be designed to protect the intellectual property rights of xeoncoder.com in the "Software Product" and may not impose additional or ongoing fees for using the "Software Product" other than those that you agreed to or that were in effect at the time that you licensed the "Software Product". You agree that it shall be your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. If you disagree with any amendments posted under this section, your sole recourse shall be to terminate this license and your usage of the "Software Product".

h) Indemnity

You agree to indemnify xeoncoder.com and to hold it harmless against all losses sustained by any third parties as a result of the terms and conditions; You agree that You, and not xeoncoder.com, shall be responsible for reimbursing all third parties against any such losses. Such third parties may include your web hosting company, your ISP, your customers, your business partners, or any other party that is harmed in any way during the course of xeoncoder.com' enforcement of its rights under this terms and conditions.

i) Marketing

Unless you submit to xeoncoder.com a signed and written request that your company and/or your web site not be used for marketing purposes, you hereby grant to xeoncoder.com the right to mention your company and/or your web site as a customer site in its marketing materials, such as on xeoncoder.com web sites, in product brochures, or in other media. Such usage may include listing your web site, linking to your web site, and/or displaying your company's logo as part of such listings or links.

3. UPGRADES

If the "Software Product" is an upgrade of a component of a package of software programs that you were granted a license for as a single product, the "Software Product" may be used and transferred only as part of that single product package and may not be separated for use on more than one computer, web server, or web site. You may use a single copy of the complete, upgraded "Software Product" on a single domain name or IP. You may not continue to use the original "Software Product" if you accept and use the upgraded "Software Product".

xeoncoder.com provides upgrades for the "Software Product". xeoncoder.com determines time frame of 'Software Product' upgrades provision and in accordance with delivery terms. You may choose to upgrade 'Software Product' or not to. xeoncoder.com provides upgrades to licensed 'Software Product' copy only and technically compatible with default 'Software Product' copy. Upgrades may not be technically compatible with modified copy of 'Software Product".

4. COPYRIGHT

a) Ownership

Except as noted below, all title and intellectual property rights in and to the "Software Product" (including but not limited to any source code, images, photographs, animations, and text incorporated into the "Software Product"), the accompanying printed materials, and any copies of the "Software Product", are owned by xeoncoder.com. You may not copy the printed materials accompanying the "Software Product". Any customization, translation, modification, or revision of the source code of the "Software Product" does not contain right to selling, licensing, giving away, or otherwise distributing such source code either in full or any subpart thereof. The creation of derivative works based on or through the use of the source code of the "Software Product" is prohibited. All title and intellectual property rights in and to the content which may be accessed through use of the "Software Product" is the property of the respective content owner. Using such content is prohibited. All rights not expressly granted under these terms and conditions are reserved by xeoncoder.com.

b) Resellers

Resellers are subjected to the same conditions as the customers of the xeoncoder.com Services. Reseller is the person who received the resell license of the script ( Zeus vesions only ) and is on the list of legitimate resellers on the following address: http://xeoncoder.com/services/resellers/

Resellers are subjected to the rigorous regulations. If there is a precedent of a payment issue ( claim ) by the reseller without prior contact and arrangements with xeoncoder.com Services, all the licenses will lose its status of legality.

c) Your Responsibilities

You agree to use due diligence to safeguard and protect the "Software Product" and all source code as the valuable trade secret and exclusive property of xeoncoder.com. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the "Software Product". You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the "Software Product" remain intact and clearly legible. You specifically agree to indemnify xeoncoder.com for all losses that it may incur due to the theft of all or any part of the source code of the "Software Product" while in your possession.

5. PRODUCT SUPPORT

xeoncoder.com provides support and technical assistance for all licensed copies of the 'Software Product'. xeoncoder.com reserves the right to determine time frame and amount of assistance provided. Abnormal support issues may incur additional service fees.

6. PRICE & PAYMENT

a) Price

You agree to pay xeoncoder.com the applicable license fee determined by reference to xeoncoder.com' published prices at the time the "Software Product" was ordered. Payment of the license fee entitles you to use the licensed program in accordance with these terms and conditions during the stated term. If the license fee is based on usage, then you will maintain any necessary usage records for calculating fees according to the documentation.

(b) Payment

Unless otherwise stated on xeoncoder.com' invoice, the applicable fees are payable by you at full amount upfront. "Software Product" will be delivered to you as download link, e-mail attachments or via other Internet means after your payment is approved by payment processing company.

7. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE provided TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. xeoncoder.com does not warrant that the functions of the "Software Product" will meet your requirements or that operation of the "Software Product" will be uninterrupted or error free. You assume all responsibility for selecting the "Software Product" to achieve your intended results, and for the use and results obtained from the "Software Product". xeoncoder.com is not responsible if the "Software Product" does not operate on your server or computer. Should the Program prove defective, you and not xeoncoder.com assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall xeoncoder.com be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if xeoncoder.com has been advised of the possibility of such damages. In any case, xeoncoder.com' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the "Software Product".

By Purchasing the product you agree the terms and condition framed by xeoncoder.com